The AOP form allows unmarried parents to voluntarily establish paternity for their child without going through a court, and gives the father legal rights and duties as to the child. It also gives the child rights and duties as to the father.

2. Who completes the AOP form?

When a child is born to an unmarried woman, the birth mother and birth father who are not married to each other, may complete an AOP form.

3. Will the father’s name appear on the birth certificate once the AOP is registered and certified with the Bureau of Child Support Enforcement (BCSE)?

Once the BCSE receives the completed AOP form, it will be processed and the Department of Health (DOH), Division of Vital Records (DVR) will be notified that paternity is established. The DVR will then issue a birth certificate listing the father’s name.

4. What last name will appear on the child’s birth certificate?

The name that is decided by the parents.

5. Who can witness the AOP form?

Any third party over the age of eighteen can witness the parents signing the AOP form. This can include hospital staff, friends, family, or neighbors. The birth mother and father cannot witness each other’s signature.Doing so will render the form invalid. The form does not need to be notarized. Instead, it is subject to unsworn falsification to authorities.

6. Can a minor sign the AOP form without parental consent?

A minor can sign the AOP form without parental consent, as long as he/she fully understands his or her rights, responsibilities and obligations with respect to the child and the alternatives to and the legal consequences of signing the AOP form. If there are any doubts, the AOP form should not be signed. The minor is encouraged to speak with his/her parents or a trusted adult for guidance.

7. Can a married woman complete an AOP form for a child who is born to someone other than her husband?

No. Only an unmarried woman may sign the AOP form.

8. What if the mother and/or father do not have a SSN?

The parent(s) whose SSN(s) is missing must submit a signed statement, along with the original AOP form, to the BCSE stating that an SSN is not available and cannot be provided and the reason.

9. Will the BCSE accept a photocopy of the AOP form?

No. Only an original, completed AOP form will be accepted and processed by the BCSE.

10. Will the BCSE accept an AOP form without the father’s signature?

The BCSE will not accept the AOP form without the father’s signature.

11. How can the mother establish paternity if an AOP form is not completed?

If the father does not sign the AOP form, paternity must be established through the courts. The mother can go to the Domestic Relations Section (DRS) and request paternity establishment services or consult with an attorney to be advised of her rights and possible course of action.

12. Will the BCSE accept an AOP form that the father has completed if the mother does not sign?

Yes, if the mother does not sign the AOP form, the father can complete the form. The BCSE is required to register and certify it as a claim of paternity for the child. A claim of paternity does not give the father any rights as to the child; however, the father is entitled to receive notice of any proceedings involving the termination of parental rights as to the child. The father may consult with an attorney to be advised of his rights and possible course of action regarding establishing rights as to the child.

13. Can the mother take the AOP form home to complete at a later date?

Yes. The AOP form does not have to be completed at the time of the child’s birth. The mother and/or father can take the form home to complete at their convenience.

14. Where is the original AOP form sent?

The original AOP form is sent to:
The Department of Public Welfare
Bureau of Child Support Enforcement
Division of Central Operations
P.O. Box 8018
Harrisburg, Pennsylvania 17105-8018
Attention: Paternity Coordinator

15. What if the mother and/or father have doubts about who is the biological father?

If the mother or father have any doubts, the AOP form should not be completed and signed. The mother and/or father can go to the DRS and request paternity establishment through genetic testing.

16. What if the AOP form is missing required data elements?

If the AOP form is missing required data elements, a new AOP form must be completed and returned to the BCSE. This will cause delays in receiving the birth certificate listing the father’s name.

17. What if the mother has multiple births?

A separate AOP form must be completed for each child.

18. How long do the mother and father have to establish paternity?

The mother and father can establish paternity for the child up until the child’s 18th birthday.

19. Does the BCSE have a way to communicate with people who do not speak English?

Yes. The BCSE provides translation services for non-English speaking individuals. An interpreter is used during the conversation between staff and the individual.

20. If the parent(s) established paternity through the DRS, how will the parent(s) receive a copy of the birth certificate that includes the father’s name?

The DOH, DVR, is responsible for releasing all birth certificates for children born in Pennsylvania. The parent(s) are advised to contact the DVR at P.O. Box 1528, New Castle, Pennsylvania 16103-1528, or telephone (724) 656-3100 for additional information.

21. Can the parents obtain a certified copy of the AOP form?

Yes. If the BCSE has registered and certified the AOP form, the parents can request a copy of the form by sending a letter to the BCSE, or by contacting the BCSE toll-free at 1-800-932-0211.

22. How can either the mother or father cancel the AOP?

The mother or father must submit a signed statement requesting the cancellation of the AOP action within 60 days of the date the AOP form was signed, or the date of a court proceeding relating to the child, whichever occurs earlier. Also, an AOP can be challenged in court only on the basis of fraud, duress, or material mistake of fact.

23. How does a father who has custody, but has not established paternity, obtain a birth certificate with his name listed?

The father must establish paternity to have his name appear on the birth certificate. If the mother and father do not complete an AOP form, either parent can go to the DRS and request paternity establishment services.

24. Why would a birth certificate be issued without the father’s name listed?

Title 23 of the Pennsylvania Consolidated Statutes §5103(i), provides that the name of the father shall be included on the birth record of the child of unmarried parents only if: a father and mother have signed a voluntary AOP form, or a court or administrative agency of competent jurisdiction has issued an adjudication of paternity. If DVR does not receive notification that paternity was established by one of these methods, a birth certificate is issued listing the father as “unknown”.

25. What happens if the mother and father complete an AOP form and the father dies?

When the AOP is registered and certified by the BCSE, the rights and duties of the child regarding the father will be recognized, and the child may be eligible for Social Security benefits, insurance benefits, inheritance or estate distribution.

For further questions and/or inquiries regarding the Pennsylvania VAOPP, please call the BCSE at 1-800-932-0211 and press option number 4. A Child Support Enforcement Specialist will be happy to assist you.

Child Support Orders

1. How is the amount of a support obligation determined for child(ren) and/or spouse?

The amount of child support awarded by the court is established in accordance with the Pennsylvania Support Guideline, which is in the Pennsylvania Rules of Civil Procedure Rule 1910.16. The Support Guideline was developed on the premise that the child(ren) of separated or divorced parents should receive the same proportion of parental incomes as if the parents were together.

Pennsylvania Consolidated Statutes defines the criteria necessary to determine support obligations under Title 23, Section 4322 - Support Guideline, as shown below:

(a) Statewide guideline - Child and spousal support shall be awarded pursuant to a Statewide guideline as established by general rule by the Supreme Court, so that persons similarly situated shall be treated similarly. The guideline shall be based upon the reasonable needs of the child or spouse seeking support and the ability of the obligor to provide support. In determining the reasonable needs of the child or spouse seeking support and the ability of the obligor to provide support, the guideline shall place primary emphasis on the net incomes and earning capacities of the parties, with allowable deviations for unusual needs, extraordinary expenses and other factors, such as the parties' assets, as warrant special attention. The guideline so developed shall be reviewed at least once every four years.

(b) Rebuttable presumption - There shall be a rebuttable presumption, in any judicial or expedited process, that the amount of the award which would result from the application of such guideline is the correct amount of support to be awarded. A written finding or specific finding on the record that the application of the guideline would be unjust or inappropriate in a particular case shall be sufficient to rebut the presumption in that case, provided that the finding is based upon criteria established by the Supreme Court by general rule within one year of the effective date of this act.

In accordance with §4322(a), the Supreme Court of Pennsylvania has established Statewide guidelines, which are specified in the Pennsylvania Rules of Civil Procedure 1910.16-1 through 1910.16-7.

1910.16-1 defines general provisions of support amounts and requirements for the review of the support guidelines every four years. More

1910.16-2 defines monthly gross income and allowable deductions for determining net income. More

1910.16-3 contains the basic child support schedule, which provides the basic child support amount based on the parties combined monthly net incomes. More

1910.16-3.1 provides the formula used to determine total monthly support obligations in high income cases.

1910.16-4 provides the formula used to determine total monthly support obligations. More

1910.16-5 defines the allowable deviations from total monthly support obligations. More

1910.16-7 defines the allowable considerations when the obligor has multiple families. More

2. What can I do if I disagree with the child support order when it is established by the court?

An order of child support can only be changed by filing an appeal. The appeal must be filed within 20 days after the date the order is received or the date of the order, whichever occurs first. The appeal must be filed with the domestic relations section for a hearing in the court in the county that issued the support order.

3. What can I do if I disagree with the child support order when it is enforced by the court?

An order of child support can only be changed by filing an appeal. The appeal must be filed within 20 days of the date the order is issued. The appeal must be filed with the Court of Common Pleas in the county that issued the support order.

4. What are some possible reasons for filing a Petition – Modification/Termination/Reinstatement of an Existing Support Order?

The following reasons are from the Pennsylvania Rules of Civil Procedure indicating when a Petition – Modification/Termination/Reinstatement of an Existing Support Order can be filed. These are not limited to nor intended to replace the exact wording of the law.

A material change in circumstance

Amendment to the Support Guidelines

Existence of additional income

Reduction of income

Emancipation of a child

Death of a child or spouse

Parties have reach a private agreement

Special needs of a child

5. When are support payments due?

Beginning April 2, 2007, support orders that charged a weekly, bi-weekly, bi-monthly, semi-monthly, quarterly, or annual amount were changed to charge a monthly amount. The new monthly amount is calculated using 30.416666 days in a month. The total monthly amount of the support obligation is charged and considered due on the first (1st) day of each month. The monthly charge is due and owed as of the first day of the month. The total monthly obligation amount must be paid-in-full before the first (1st) day of the following month to prevent the accumulation of arrears and the potential for enforcement action.

Your account will show a balance due until the monthly charge is paid. If the monthly charge is not paid off by the end of the month, your account will show arrears that are subject to enforcement. You may pay ahead by one month’s charge, especially if you are paid bi-weekly to avoid underpaying your account.

Child support payments from income attached obligors will continue to be deducted according to the obligor’s current pay schedule.

Employer and obligor billing statements and coupons will include the monthly support amount and the amount of support related fees.

All support payments are paid to the family within 48 hours of receipt at the Pennsylvania State Collection and Disbursement Unit (PA SCDU).

6. How long will I have to pay child support?

Pennsylvania law establishes that both parents are liable for the support of their children who are unemancipated and 18 years of age or younger. However, parents may be liable for the support of their children who are 18 years of age or older. For example, a support obligation may continue for a child who is 18 and still attending high school. When a child is emancipated, or over 18 years of age and no longer attending high school, one of the parents may file a "Petition for Modification of an Existing Support Order" to request that the child support order be stopped. See Question and Answer #3 for more information. Additionally, there may be other situations, such as the existence of physical or emotional challenges, when parents may be required to pay support for a child who is 18 years of age or older.

Arrears remain an outstanding debt until paid in full, regardless of how long that takes. Modification of a child support order will not eliminate arrears that accumulated as a result of nonpayment of the support order.

Income-Withholding Orders

1. What is an income-withholding order?

A court order that directs an employer to deduct from a noncustodial parent’s wages: 1) current support;
2) amounts ordered on arrears; and 3) support related fees.

2. How are income-withholding orders issued?

In Pennsylvania, income-withholding is mandatory for all child support orders, except when: (1) the obligor is not behind in payment of support in an amount equal to or more than one month's support payment; and (2) if the court finds that there is good cause not to require immediate income withholding; or (3) a written agreement is reached between the custodial parent and the noncustodial parent, which provides for an alternative arrangement. An income-withholding order is not used for self-employed noncustodial parents. The court will issue a mandatory income-withholding order if arrears accrue in an amount equal to one month's support obligation even if good cause has been shown or there is a written agreement not to impose income-withholding.

3. What portion of the noncustodial parent's wages will be withheld?

The Consumer Credit Protection Act determines the maximum amount of an individual's net income that is subject to garnishment. These limits are 50 percent for a noncustodial parent who is the head of a second household and 60 percent for a noncustodial parent who is not supporting a second family. These percentages may be increased five percent for payment on arrears owed when the noncustodial parent is behind on support payments 12 weeks or more.

4. How long does it take for income-withholding to begin?

In most cases income-withholding orders take effect within 4-6 weeks from the time the income-withholding order is sent to the employer by the court. The noncustodial parent is responsible for making the payments until the income-withholding order takes effect.

Pennsylvania Insurance Intercept

1. What is the Pennsylvania Insurance Intercept Program?

Title 23 of the Pennsylvania Consolidated Statutes (23 Pa. C.S.) §4305 (b)(10) provides authority to the Domestic Relations Sections (DRS), acting on behalf of Pennsylvania’s Department of Public Welfare (DPW), to issue court orders to secure assets in order to collect support arrearages by intercepting or seizing judgments or settlements including, but not limited to personal injury and workers’ compensation awards. 23 Pa. C.S. §4305 (b)(10)(ii) permits the collection of arrears in any amount without regard to a minimum sum when “intercepting or seizing judgments or settlements.” In situations where a Non-disbursement Order has not been provided to the insurer by the DRS under 23 Pa. C.S. §4305 (b)(10), 23 Pa. C.S.§4308.1 provides that “overdue support be a lien by operation of law against the net proceeds of any monetary award owed to an obligor” and provides that DPW may intercept lump-sum personal injury insurance or workers’ compensation awards in excess of $5,000. Consequently, 23 Pa. C.S.§4308.1 complements 23 Pa. C.S. §4305 (b)(10) in achieving the overarching public policy of insuring the collection of support arrears.

2. As an Insurer, do I have to participate in the Insurance Intercept Program?

Yes. Insurers who use the services of the Insurance Services Office (ISO) to match data with the Child Support Lien Network (CSLN) and/or the Federal Office of Child Support Enforcement’s (OCSE) Insurance Match Program to report pending insurance awards meet the requirements of the Insurance Intercept Program under statute 23 Pa. C.S. §4305 (b)(10). Insurers not participating in CSLN or OCSE’s Insurance Match Program must distribute monetary awards based on the requirements of 23 Pa. C.S. §4308.1.

3. Who is responsible for providing the written documentation?

23 Pa. C.S. §4308.1 states the prevailing party or beneficiary must provide his attorney with written documentation of arrears from the Pennsylvania Child Support Enforcement System website. A statement must also be provided if no arrears are owed. If the prevailing party or beneficiary is not represented by an attorney, he must provide the written documentation of arrears or no arrears to the Insurer. If written documentation is not provided, an attorney or insurer may use the services of a private judgment search company approved by DPW to obtain the statement as to whether arrears are owed or not. Any fee incurred by the attorney or insurer for this process may be deducted from the settlement payment to the insured. Additionally, an insurer may use the services of ISO to match data with CSLN and/or OCSE’s Insurance Match Program to report a pending insurance award. Under 23 Pa. C.S. §4305 (b)(10), the insurer must contact the DRS listed on the Non-disbursement Order to obtain the amount of child support arrears owed and to receive a Seize Order for that amount.

4. Is the obligor notified of the Non-disbursement Order that is issued to the Insurer?

If an insurer matches insurance award information with CSLN or OCSE through ISO, a Non-disbursement Order is sent by CSLN or the DRS to the insurer, and a copy is mailed to the obligor.

5. How/Where are payments sent?

Under 23 Pa. C.S. §4305 (b)(10), the insurer should remit payment to the DRS address listed in the payment section of the Seize Order. Under 23 Pa. C.S. §4308.1, the amount of overdue arrears identified on the Pennsylvania Child Support Enforcement System website (www.childsupport.state.pa.us) should be satisfied in accordance with the law and remitted to PA-SCDU, P.O. Box 62005, Harrisburg, PA 17106-2005.

6. Can I be held liable for a mistaken payment?

Any insurer, attorney, or paying agent who makes distribution of the settlement proceeds based on the Non-disbursement Order or Seize Order, or based on the statement and written documentation of the insured, beneficiary, or private judgment search company is immune from any civil, criminal, or administrative penalties for making an erroneous distribution.

7. What if the beneficiary disputes the overdue arrears action?

Beneficiaries/claimants may dispute the amount of overdue arrears owed based on the information from the PA-SCDU website. A dispute may also be based on mistaken identity, specifically, that the obligor owing overdue child support is not the beneficiary or prevailing party in the insurance settlement. If the beneficiary/claimant wants to dispute the intercept, the payment must be submitted to the DRS or PA-SCDU with the word "disputed" clearly written on the check, money order, etc.

8. How are disputed funds handled?

PA-SCDU will place the monies in escrow pending resolution of the dispute. The respective county Domestic Relations Section will schedule a hearing to resolve the dispute. Once the dispute has been resolved, the arrears will be disbursed by PA-SCDU to the appropriate individual.

Nonpayment of Child Support Obligations

1. What can happen if a noncustodial parent does not pay child support?

Civil Contempt

Jail for up to six months, a fine up to $500, or probation for up to six months

Pursuant to Pennsylvania law, county Domestic Relations Sections may issue an order directing the Department of Transportation to prohibit the issuance or renewal of an operator's license or suspend an existing operator's license whenever the noncustodial parent owes support in an amount equal to or greater than three months of the monthly support obligation, and there is no active income-withholding order in place.

3. What is the Federal Tax Refund Offset Program?

The Federal Tax Refund Offset Program (FTROP) collects payments of child support from the Internal Revenue Service (IRS) income tax refunds of noncustodial parents who owe past due child support. Before a case is submitted to FTROP, Federal Law mandates that: (1) for cases involving cash assistance, the support obligation must have an overdue amount of $150 or more and (2) for other cases having an overdue amount of $500 or more.

In both TANF and Non-TANF cases the overdue support will continue to be submitted through FTROP for collection until the arrears amount reaches a $0 balance, whether or not the child is a minor.

The Deficit Reduction Act (DRA) of 2005 (Public Law 109-171 §7301) provides states the option to either continue to apply Federal Tax Refund Offset Program (FTROP) collections to arrears assigned to the Commonwealth or directly to families on cases that formerly received Temporary Assistance for Needy Families (TANF). Pennsylvania chose to redirect collections to families. Act 2008-16, enacted May 13, 2008, amended Title 23 of the Pennsylvania Consolidated Statutes §4374(d) (1) to include the FTROP payment distribution changes effective October 1, 2008.

The following changes will begin in the Pennsylvania Child Support Enforcement System (PACSES) effective January 19, 2009:

FTROP collections will be paid to Non-TANF and Former TANF cases in the following order:

First, to current support owed to the family,

Second, to arrearages owed to the family

Third, arrearages assigned to the Commonwealth if Former TANF cases, and

Finally, any remaining amount will be paid to outstanding debts on the case such as court fees.

FTROP collections will be paid on TANF cases (all support is assigned to the Commonwealth) in the following order:

First, to current support owed to the Commonwealth,

Second, to arrearages assigned to the Commonwealth

Third, arrearages owed to the family, and

Finally, any remaining amount will be paid to outstanding debts on the case such as court fees.

FTROP collections will now be applied to all of an obligor’s cases, not just the support case that qualified the obligor for the FTROP submission. Noncustodial parents will receive a notice stating how much of the Federal income tax refund was intercepted and how much was applied to each case.

4. How long is a joint account intercept held?

Federal regulation permits a state to delay distribution of offsets from a joint refund for a period not to exceed six months. Pennsylvania exercises this option and delays disbursement of offsets of joint refunds in non-assistance cases for:

Ninety days if an injured spouse claim has already been processed on the joint tax intercept at the time of the offset; or

Six months if injured spouse information is not available at the time of offset.

5. What is the Passport Denial Program?

When the total arrears owed exceed $2,500 the noncustodial parent's passport may be denied. The United States Department of State (USDS) will not expedite a passport issuance, even if arrears are paid, unless there's a case of mistaken identity or extraordinary family emergency. Generally it takes about 2-4 weeks for the USDS to reissue a denied passport.

6. What is the Credit Bureau Reporting Program?

Pennsylvania law requires county Domestic Relations Sections (DRSs) to provide periodic reports to Consumer Credit Reporting Agencies, whenever the noncustodial parent owes overdue support. Even if the noncustodial parent is making current support payments, the amount of overdue arrears will be reported to consumer credit reporting agencies. The noncustodial parent is notified 20 days in advance by the DRS that arrears will be reported to a credit bureau. A noncustodial parent may contest the accuracy of the information by contacting the county DRS.

7. What is a property lien?

The existence of an overdue support obligation creates a lien on any and all real property owned by the noncustodial parent in Pennsylvania. Lien information regarding overdue support obligations is available to the general public by contacting the county Domestic Relations Sections.

8. What is the Financial Institution Data Match Program?

The Financial Institution Data Match (FIDM) Program is used to identify accounts held by noncustodial parents who owe overdue child support. A financial institution includes any bank, federal or state credit union, insurer, safe deposit company or money market mutual fund authorized to business in Pennsylvania. Once identified, these accounts may be subject to "freezing" and "seizing" by the county Domestic Relations Section (DRS).

The financial institution that holds the noncustodial parent's assets will receive a freeze order from the county DRS. The DRS will send a notice to the noncustodial parent that his/her assets have been frozen. The noncustodial parent will have 30 days after the notice was issued to pay the amount of the overdue support in full or contest the notice.

The noncustodial parent may contest the notice only on three grounds: First, if no overdue support exists, or there is a mistake in the amount of overdue support. Second, if there is a mistake in the identity of the obligor. Third, if the account is not subject to freeze. An example of this is when an asset is held in an escrow or trust account in the name of the obligor.

For information regarding a freeze or seize action, contact the county DRS that is enforcing the order.

9. What is the State Tax Refund Offset Program?

The State Tax Refund Offset Program (STROP) collects payments of overdue support from Pennsylvania State Income Tax Refunds. STROP is used when an obligor (noncustodial parent or parent obligated to pay support) owes an amount equal to or greater than $11 in overdue support. Before a case is submitted to STROP, a preoffset notice is sent to the obligor. The notice gives advance warning of the enforcement action. The notice tells the obligor that because he owes overdue support, the Pennsylvania Department of Revenue (DOR) will be asked to hold the amount of the obligor's State income tax refund available to pay off overdue support.

To stop a state income tax refund from being taken, the notice informs the obligor how to appeal. The obligor should contact his local Domestic Relations Section (DRS) in writing or by personal appearance within 10 days from the date of the notice to request an administrative review. The DRS will notify the obligor of the time and place of the administrative review.

If no review is requested or the contest is lost, the Pennsylvania Department of Public Welfare (DPW) will tell DOR to intercept any state income tax refund equal to or greater than $11 that is owed to the delinquent support obligor. The amount requested for collection will be equal to the total amount of overdue support owed by the obligor in all support cases enforced by Pennsylvania's child support enforcement program. The money will be sent to DPW for distribution.

10. What is the Recreational License Suspension Program?

Pennsylvania law provides that county Domestic Relations Sections may issue an order directing the Pennsylvania Game Commission and the Pennsylvania Fish & Boat Commission to prohibit the issuance or renewal of a hunting and/or fishing license or suspend an existing hunting and/or fishing license whenever:

The noncustodial parent owes support in an amount equal to or greater than
three months of the monthly support obligation, and there is no active
income-withholding order in place, or

An individual has failed to comply with a visitation or partial custody order, or

An individual has failed, after appropriate notice, to comply with subpoenas or warrants relating to paternity or child support proceedings.

The Noncustodial Parent Is Living In Another State

1. Who will handle my case in the other state?

The establishment of a child support order, or the enforcement of a child support order, will be handled by the Child Support Enforcement Agency in the noncustodial parent's state of residence. The Pennsylvania Domestic Relations Section in the county of residence of the custodial parent will serve as the custodial parent's point of contact with the other state.

2. How is a child support order established in another state?

The Domestic Relations Section in the county of residence of the custodial parent will ask the custodial parent to provide information needed to complete the necessary documents that will be sent to the noncustodial parent's resident state to establish a child support order. The noncustodial parent's resident state will then use this information to establish a court order of support.

3. What happens if a child support obligation is not paid by the noncustodial parent living in another state?

The Child Support Enforcement Agency in the noncustodial parent's resident state will use the enforcement methods available in that states' child support laws, many of which are similar to Pennsylvania Law. The custodial parent should notify the Domestic Relations Section when the support order is not being paid.

State Collection and Disbursement Unit (SCDU)

1. What is SCDU?

SCDU collects and disburses all support payments. SCDU is required to disburse support payments within 48 hours of receipt.

For more information on SCDU and its operation you may contact the SCDU Customer Service Unit, toll-free at 1-877-727-7238.

1. When payments are received, how is the money divided up for support, arrears, and fees?

In accordance with Pennsylvania rules of court and Federal law, the payment is first applied to all Title IV-D child/family current support, child/family-related support obligations, and amounts ordered on arrears (OOA). If the payment amount is more than the current month’s obligation(s) for child/family support, current spousal-only support, alimony pendente’ lite-only, and alimony-only are paid. Spousal/alimony pendente’ lite/alimony-only arrears (including OOA) are paid after all child/family arrears are paid in full. The obligor’s fees are paid last.

2. If the noncustodial parent has more than one child support order, and collections from income-withholding are not sufficient to meet all child support obligations, how are the collections distributed?

The Pennsylvania Child Support Enforcement System (PACSES) has a record of the monthly support obligation (MSO) on every support case. PACSES is programmed to distribute a monthly support payment to every recorded case, even when one person's payment must be applied to multiple cases. If the MSO for each case is not the same, and the support payment is less than the total of all MSOs, PACSES prorates the payment so that each of the child support obligations receive a share of the payment, based on the amount of the MSO. In this situation, the amount of the payment distributed to a child support obligation may not equal the full amount of the child support order depending upon how much the obligor pays. If the obligor makes a payment in an effort to be paid ahead on her/his child support obligation, the payment will be applied to any existing child support arrears. If child support arrears are owed to the custodial parent, the extra payment will be applied to those arrears; if the arrears are owed to the Department of Public Welfare (DPW), and no arrears exist for the custodial parent, the payment will be applied to the DPW arrears.

3. If the noncustodial parent has both a child support order and a spousal order, how and when are the collections distributed?

The timing of the receipt of spousal support payments may change because the Pennsylvania Supreme Court's Rules of Civil Procedure, Rule 1910.16-7(d), requires that support payments received first be applied to child/family current support, child/family-related support obligations, and amounts ordered on arrears (OOA). If the payment amount is more than the current month’s obligation(s) for child/family, current spousal-only support, alimony pendente’ lite-only support, and alimony-only support are paid. Spousal/alimony pendente’ lite/alimony-only arrears (including OOA) are paid after all child/family arrears are paid in full. The obligor’s fees are paid last.

4. If I am a custodial parent with a support action initiated in another State, why am I unable to view payments made to my case?

We do not report payments to other courts on our website because we do not know how the other state will distribute and ultimately disburse funds to the custodial parent. Distribution is based on Federal law. Please check with the other state for payment information.

The Child Support Program administers the Federal Access and Visitation Grant to provide services to noncustodial fathers and mothers. The grant program was created under Federal law "to enable States to establish and administer programs to support and facilitate noncustodial parents' access to and visitation of their children". In Pennsylvania, Access and Visitation programs are operated by local agencies in several counties.

Program activities include, but are not limited to: mediation (both voluntary and mandatory), counseling, education, development of parenting plans, visitation enforcement (including monitoring, supervision, and neutral drop-off and pickup), and development of guidelines for visitation and alternative custody arrangements. The following projects will operate through September 2009:

Pennsylvania's Family Centers are based on the philosophy that the most effective way to ensure the healthy growth and development of children is to support families and the communities in which they live. Though uniquely designed to meet local needs, each of the Family Centers is built upon common principles.

The family is the center of a child's life.

Family support is essential to healthy child development.

Families are unique, and parents know their children best.

Services are directed to the whole family and are community-based.

Needs of children and families must be addressed quickly, and services must be convenient and accessible.

Primary health care and parents' knowledge of child development are essential to a child's ability to learn and succeed.

Services and supports must be inclusive in ways that are respectful of individual differences.

Family Centers were first implemented in 1992. Since that time, in the communities in which they are located, Family Centers have been integral in providing community services to help families become healthy, well-educated and self-sufficient. Currently, there are 55 state-contracted Family Centers located in 29 counties. Other Family Centers exist throughout the state and are supported through a variety of funds.

While each of the 55 Family Centers and the fatherhood initiatives contained within them reflects its community's unique strengths, needs and priorities, all are charged to meet five key goals, which are to:

2. Are there any groups that assist noncustodial parents with understanding their legal rights?

There are numerous organizations found on the Internet, both profit and non-profit, for noncustodial fathers and mothers and they may be able to help. You may also find information at your local public library or in your local telephone book.

3. What if my address changes?

Address can be updated online or report any address change to the county Domestic Relations Section that manages your child support case.

4. What if I change jobs?

Report any changes in employment to the county Domestic Relations Section that manages your child support case.

5. How does the Domestic Relations Section locate a noncustodial parent?

The Domestic Relations Section will submit the noncustodial parent's name, and other identifying information to the State Parent Locate System, and the Federal Parent Locate System. These two systems will make a check of various computer databases used by Federal and State agencies. If a match takes place, the information is then reported back to the Domestic Relations Section. However the best source of information is often the custodial and the noncustodial parent. The parties to the support action should maintain contact with the DRS managing the case to report relevant information that may assist the DRS in obtaining location and employment information.

6. What can I do if I disagree with a custody or visitation order?

The involvement of both parents in the lives of their children is an important issue. In the case of divorced or separated parents, the issues associated with custody and visitation complicate this involvement. Issues involving custody are resolved solely by the Pennsylvania courts. The appeal process represents the proper forum to present arguments of why you believe the court may have acted improperly in making a determination in your case. In December 1997, Governor Ridge signed into law Act 58 of 1997. This new law established penalties for noncompliance by a custodial parent with a partial custody or visitation order. The custodial parent who does not comply with an order of partial custody or visitation may be adjudged in contempt of court. Contempt is punishable by imprisonment of up to six months, a fine of $500, probation for a period not to exceed six months, and suspension, denial or non-renewal of driving privileges. The court may impose any one or all of these penalties.

7. What happens if the noncustodial parent is in the US Armed Services?

The same methods for establishment and enforcement of child support orders that apply to civilians also apply to military personnel. The process may, however, take longer to complete.

8. Who do I contact for information on my child support case?

The Domestic Relations Section (DRS) that manages your child support case is the best source of information on your case. The DRS will maintain contact with out-of-state child support agencies if your case involves an out-of-state noncustodial parent, and can provide information regarding the status or progress of your case.

9. I have concerns with the quality of service being given to me by the Domestic Relations Section. Who can I contact?

You may contact the Director of the Domestic Relations Section (DRS) that manages your child support case, or the President Judge who presides over the DRS in that county, in writing, to present concerns regarding office staff, office practices, and/or the quality of service provided.

10. What if my child support order is part of my divorce decree?

Child support orders that are issued with a divorce decree are handled differently county by county. Generally, if the child support order is not registered with a Domestic Relations Section (DRS), you may want to talk to an attorney about having the order enforced or modified through the court that issued the divorce decree. If you want the child support order to be registered with the DRS, you must bring the order to the DRS and apply for child support enforcement services. If it specifies in the divorce decree that the child support order be registered with the DRS, the DRS will automatically take this action in your behalf. Once the child support order is registered with the DRS, it is enforced and modified in the same way as any other child support order serviced by the DRS. Depending upon the policy of the DRS, arrears that have accrued prior to the order being registered in the DRS may have to be enforced through the court that issued the divorce decree. If your child support order was issued with a divorce decree, the best thing to do is to consult your local DRS to find out how they handle those orders.

11. What is the Earned Income Tax Credit?

The Earned Income Tax Credit (EITC), sometimes called the Earned Income Credit (EIC), is a refundable federal income tax credit for low-income working individuals and families. For more information on the IRS Earned Income Tax Credit (EITC) Program, please contact 1-800-829-1040 or visit www.irs.gov/eitc.

12. I am a defendant and I overpaid on my support case. Can I get my money back?

13. I am a plaintiff and I received a large support payment a few months ago. The payment was several times the monthly support amount that I usually receive. I have not received any support since that time. Is there a problem with my case?

Your support case may have a credit balance, which means that the defendant may have overpaid. Contact your county Domestic Relations Section to discuss your case.

$25 Fee

1. What is the $25 annual fee?

A new law passed by the United States Congress requires that a $25 annual fee be collected each year from certain child support cases. The law applies when at least $500 in child support payments is collected annually and the custodial parent has never received cash assistance. The yearly fee is collected to cover some of the federal government’s costs of providing child support enforcement services. (Pub.L. 109-171; § 7310.)

In Pennsylvania, the Department of Public Welfare will:

Pay the fee for families with child support collections in a year between $500 and $1,999.99, or

Deduct the fee from the custodial parent after $2,000 of child support is collected in a year from the noncustodial parent.

(Act 2008-16; 23 Pa. C.S. §4351(a.1).)

2. Who pays the fee?

The custodial parent pays the $25 yearly fee if at least $2,000 of child support is collected in a year.

3. Must I send a check?

Do not send a check. The $25 fee will be taken from the first child support collection after you have received $2,000 of child support in the year.

For example: If $2,000 is collected by April 1, and a $100 payment is made April 20, the $25 annual fee will be deducted from that payment.

4. What if my support case does not include child support?

The $25 annual fee will not be collected in cases that do not include an order for child support, such as:

Spousal-only support cases.

Alimony-only support cases.

Alimony Pendente Lite (APL)-only support cases.

5. What if my support case includes both child support and spousal, alimony, or alimony pendente lite (APL) support?

If you receive both child support and spousal, alimony, or alimony pendente lite (APL) support on the same support case from the same defendant, the $25 annual fee will be collected from that support case.

6. What if I have a child support case and a separate spousal, alimony, or alimony pendente lite (APL) support case?

If you receive child support in one case and only spousal, alimony, or alimony pendente lite (APL) support in a separate case:

The $25 annual fee will be collected only in the child support case.

The $25 annual fee will not be collected in the spousal, alimony, or APL-only case.

7. What if my support case is closed?

If your support case is closed, no fee will be collected.

8. How often must I pay the fee?

As required by federal law, the fee must be collected once each federal fiscal year (FFY), which runs from October 1 to September 30.

For this FFY, the fee will be collected by September 30, 2008.

For all future FFYs, the fee will be collected once a year between October 1 to November 30 or March 1 to September 30. In Pennsylvania, the fee is not collected in the months of December, January, and February.

9. What if I have more than one child support case in Pennsylvania?

The fee is collected yearly for each child support case you have when $2,000 or more is collected in a case.

10. What if I begin receiving cash assistance benefits after the fee has been deducted?

The fee will never be collected from you again in Pennsylvania.

11. What if I have a child support case that opened in another state?

Please contact that state about how the $25 fee is collected.

12. What if I received cash assistance before in Pennsylvania or another state, but the $25 fee is collected?

If you received cash assistance before in Pennsylvania or another state, and the $25 fee is collected from you, please contact your local Domestic Relations Section (DRS) to request a review of your support case to determine if you should receive a refund. You will need to provide proof to the DRS that cash assistance was received before in Pennsylvania or in another state.

13. What if I have a support case without a child but the $25 fee is collected?

If you receive only spousal, alimony, or alimony pendente lite (APL) support, and the $25 fee is collected from you, please contact your local Domestic Relations Section to request a review of your support case to determine if you should receive a refund.

14. What if my support case was opened in another state, but the $25 fee is collected by Pennsylvania?

If your support case was opened in another state, and the $25 fee is collected from you by Pennsylvania, please contact your local Domestic Relations Section to request a review of your support case to determine if you should receive a refund.

15. Who can I contact with questions about the $25 fee in Pennsylvania?

The parent with the ability to provide medical support for the parties’ children and the medical support that is most accessible to the child(ren) as defined by geographic coverage area, access to local treatment providers or other relevant factors will determine which parent will be responsible to provide the health care coverage for the child(ren).

2. Who is responsible for paying for health insurance premiums when a third party resident provides the coverage for the children?

If health insurance coverage for a child who is the subject of the support proceeding is being provided and paid for by a third party resident of the household, the cost shall be allocated between the parties in proportion to their net incomes.

3. Who is the third party resident?

A person other than the parents of the child(ren) such as the parent’s spouse or the child(ren)’s grandparent who has enrolled the child(ren) in their health care plan.

4. What is reasonable cost?

The non-custodial parent is responsible for providing health care coverage for the children if available at a reasonable cost. “Reasonable cost” to an obligor is defined as an amount that does not exceed 5% of the obligor’s net monthly income and, when added to the amount of basic child support plus additional expenses the obligor is ordered to pay, does not exceed 50% of the obligor’s net monthly income.

5. When should the National Medical Support Notice be issued?

The National Medical Support Notice (NMSN) shall be issued to the obligor’s employer if health care coverage for the children isn’t provided by the obligee or a third party.

6. When should the employer enroll the children?

If coverage is available at a reasonable cost to the obligor, the employer shall enroll the children in the health plan no earlier than 25 days from the issuance date of the NMSN.

7. Can an obligor object to the employer enrolling the children in the health care plan?

Yes, an obligor can object to the enrollment based upon unreasonable cost, mistake of fact or availability of alternative health care coverage for the children. The obligor has 10 business days to respond to the DRS with an objection.

8. What happens if health care coverage is unavailable to the obligor?

If health care coverage is unavailable to the obligor for the parties’ children at a reasonable cost, the court shall order the obligee to provide health care coverage for the children if it is available at a reasonable cost, not to exceed 5% of the obligee’s net monthly income.

9. What happens if health care coverage is unavailable to either party?

If health care coverage is unavailable to either party at a reasonable cost, the court may order the custodial parent to apply for government-sponsored coverage, such as the Children’s Health Insurance Program (CHIP). Parties will share any co-premium or costs proportionately to their net monthly incomes.

Support Pass Through (SPT)

1. What is Support Pass Through (SPT)?

The Deficit Reduction Act (DRA) of 2005 (Public Law 109-171 §7301) provides states the option to either continue to pay the Federal government share of each support payment before paying SPT or to bypass paying the Federal government share and pay the family first. Pennsylvania chose to pay the family first to promote self-sufficiency. Act 2008-16, enacted May 13, 2008, amended Title 23 of the Pennsylvania Consolidated Statutes §4374(c)(1) to include the SPT changes.

When a custodial parent’s family is authorized to receive Cash assistance from the State, current support payments are assigned to the Department of Public Welfare (DPW). If current support is paid in a month, DPW will send a SPT payment to the custodial parent. This amount is based on the amount of support paid in prior month and number of children in the family. Effective October 1, 2008, the maximum amount of Support Pass Through disbursement is as follows:

Children

Maximum SPT

0

$50

1

$100

2+

$200

A family can receive only up to the maximum SPT payment for any given month.

Support Order Modification

1. What does it mean to modify my support order?

This means you can ask the court to change the amount of support paid each month.

2. When should I ask the court to modify my support order?

You should ask to modify when a change occurs in:

Income for either party, such as a new job, a loss of a job, a promotion, downgrade, fewer work hours/earnings or a raise

Child care expenses

Medical coverage

Custody

Age of child, if your child will soon be age 18 and a high school graduate

The person receiving support is no longer living or moved to a different house under care of a different person

Incarceration

3. How do I modify my support order?

Step 1: Contact the DRS to obtain a Petition for Modification, or log into this web site as a payee or payor and submit a Petition for Modification through E-Services.
Step 2: If you are submitting the paper version of the Petition for Modification, complete, sign, and return the petition for modification to your county DRS.
Step 3: You will receive notice from the DRS with the date, time, and place you are scheduled to attend a DRS office conference to talk about the request for modification. The notice lists information that you must bring to the conference.
Step 4: Attend the DRS office conference to see if your order can be modified.
Step 5: The DRS will determine if your support order may be changed.

4. What if I do not agree on the new amount of support?

If either party does not agree with the modified amount of support, the DRS will enter a recommended support order.

If a party does not agree with the recommended support order, he/she is provided 20 days to request a hearing.

To request a hearing, call or write the local DRS that handles your case.

Military Servicemembers

1. What must I do before I deploy or join active duty military service?

Request a review of your support case(s) for possible modification of your support order(s).

3. What should I do if my salary changes when I am deployed and/or I do not have a job when I return?

Contact the DRS that handles your child support case to request a review for possible modification of your support order. See (M) Support Order Modification for more information.

4. How do I establish paternity for my child?

Contact your local DRS to establish paternity.
See (A) Paternity for more information.

5. How do I make my child support payments when deployed or on active duty?

As the military is now your employer, the DRS will issue an income-withholding order to the Defense Finance and Accounting Service (DFAS) to withhold income from your paycheck each month to satisfy your child support obligation(s). Your monthly child support obligation is based on the pay you receive, to include but not be limited to basic pay, hazardous duty pay, pensions, retirement, Basic Allowance for Housing (BAH), Basic Allowance for Subsistence (BAS), and Family Separation Allowances. See (C) Income-Withholding Orders for more information.

6. Where can I find information about my rights when I am deployed or on active duty?

The Servicemembers Civil Relief Act (SCRA) of 2003 is a Federal law that provides information about important rights for military members, including child support.
See http://legalassistance.law.af.mil/ for more information.

7. How do I contact the DRS that handles my support case?

Click here to select your county from a drop down box. Then click “Locate Office” to view address and telephone information for your DRS.

Assignment of Support Rights

1. What does “assignment of support rights” mean?

“Assignment of support rights” means that when you receive cash assistance, all support, including arrears (unpaid back support), collected for you is kept by the Pennsylvania Department of Public Welfare (DPW). Federal and State law require the assignment of your support rights. The amount of your support that may be kept by DPW may not exceed the total amount of cash assistance you receive.

Pennsylvania law regarding the assignment of support rights will change effective October 1, 2009. The new law limits the assignment of support rights to the period of time you receive cash assistance. DPW may keep support collected for you, including arrears, only during the time you receive cash assistance. Support that was not paid before you received cash assistance is yours. Support that is not paid while you are on cash assistance is owed to DPW up to the amount of cash assistance you receive.

E-Services

1. What is E-Services?

E-Services enables you or your attorney to submit important court documents to your county Domestic Relations Section, including the Application for Child or Spousal Support Services, Complaint for Support, and Petition for Modification.

2. Who can use E-Services to submit documents?

E-Services document submission is available to anyone seeking child or spousal support services, including new support actions, modifications to existing support actions, and recovery of overpayments. If you are unsure whether you have a support case, contact your county Domestic Relations Section or the Child Support Helpline at 1-800-932-0211.

3. How do I access E-Services?

To begin a new E-Services request or to access a saved request, select the “Request Support Services” button on the Child Support Website homepage. Or, you can access E-Services through the “Begin or Resume a Request for Support Services” link under the “I Would Like To…” section of the Child Support Website homepage. Selecting the button or the link will prompt you to login to an existing account or create a new account.

4. What information will I need to complete to submit court documents online?

You will need to provide basic information (date of birth, Social Security number, etc.) for yourself, the person you are filing for support against, and the children you have together. Additionally, any information you can provide regarding income for both parties, insurance, custody, paternity, and any prior support orders will be helpful in processing your support request. If you are submitting a Petition for Modification, you will need to explain the change in circumstances prompting your request for a change in your support order.

5. How long will it take to submit documents online?

The online document submission should take 30 minutes or less to complete.

6. What happens after I’ve submitted the documents?

Submitted documents are sent electronically to your county Domestic Relations Section (DRS). Information about the next steps in the process will be provided after the documents are submitted.

Child Support Estimator

1. What is the Child Support Estimator?

The Child Support Estimator enables you to get an estimate of your monthly child support amount based upon the gross income, taxes and expenses of the custodial and noncustodial parents. The estimate indicates how much support you might receive or pay. The Domestic Relations Section (DRS) will establish the actual monthly support amount based upon the Pennsylvania Child Support Guidelines.

2. Who can use the Child Support Estimator?

Anyone who would like to estimate their potential monthly child support amount may use the Child Support Estimator. The estimator does not provide estimates for spousal support and alimony.

3. How do I access the Child Support Estimator?

The Child Support Estimator is available through the “Estimate My Child Support Amount” link under the “I Would Like To…” section of the Child Support Website.

4. What information will I need to estimate my child support amount?

To complete an estimate, you need to know the number of children for whom you want to receive child support, the gross income for both the custodial and the noncustodial parents, and the local and state tax rate. The estimator will return more accurate results if you can also provide the monthly amount paid for child care, the amount of any alimony or spousal support received, the amount of any monthly health insurance premiums for the children, and the monthly amount of any union dues or non-voluntary retirement paid by the custodial and noncustodial parents.